crown is responsible to prove u are guilty. our system would rather let 100 guilty people go free than to convict 1 innocent person.
The Burden of Proof
ALL 12 JURIES MUST AGREE ON A GUILTY VERDICT for a person to be convicted. IF 12 JURIES DO NOT AGREE, A HUNG JURY/MISTRAIL IS DECLARED AND DEFENDANT IS RELEASED/RETIRED
"to have the body" canadians have the right to not be randomly detained. u must be released after 48 hours. they CANNOT ARREST WITHOUT REASONABLE CAUSE
The Right to be Fair and Responsible TRIAl
u CANNOT BE HELD IN JAIL WAITING FOR TRAIL FOR A LONG TIME. for example 100,000 impaired riving charges were thrown out in ontario because it was taking too long to bring them to trial.
equality before the Law (justice is blind)
everyone must be tried BASED ON EVIDENCE. decision CANNOT BE MADE BASED ON SEX, AGE, ETHINCITY OR SEXUAL ORIENTATION.
british common law (except quebec)
we have the RIGHT JURY, protection against making urself look guilty (self incrimination). double jeopardy )tried for the same offense twice AND USE OF PAST CASES AS A GUIDE FOR HOW A CASE WILL BE TRIED AND PUNISHMENT GIVEN
crimes commited against the community (murder theft rape arson robbery)
civil law deals with
disputes, individuals and groups (people)
in order for a crime to be a crime, the act must be prohibited by the
criminal code of canada
in order for a crime to be a crime, there must be intent. the accused
must have the intent to commit the crime
in order for a crime to be a crime, the accused must have been able to understand
and appreciate the nature of act and its consequences.
types of criminal offenses: summary offense
these are minor offenses (shop lifting, petty theft, and graffiti) most severe sentence is a $2000 fine and/or six months in jail
types of criminal offenses: indictable offense
serious crimes! OFTEN BUT NOT ALWAYS. there is early hearing to determine if there is sufficient evidence to PROCEED TO A TRIAL FOR THESE TYPES OF OFFENSES. the accused hasa choice to have a judge or jury decide the case
types of criminal offenses: hybrid offences
crown attorney has choice between the summary or indictable offence.
civil case is brought to trial by individual citizens or groups
civil cases rarely involve a jury.
they are almost always decided by a judge.
the court can award damages to the plaintiff.
a plaintiff is the person making the complaint in a court of law (citizen/company)
attempts to resolve what are and what are not legal contracts. this includes purchases, services, accommodation or employment.
law of torts
laws are concerned with wrongs commited by one person against another. example: when individual suffers injury/loss because of someone else's actions (act of commission) or bc of somebody elses failure to act (negligence or acts of omission) the injured party can form a lawsuit and bring it to court.
deals with relationship amoung family members and includes issues such as marriage, divorce, alimony, child custody, and child support.
contract law/conflict resolution: negotiation
involves direct communication between the two disputing parties, outcome is mutal, binding a contract
contract law/conflict resolution: mediation
involves a neautral third party facilitator. helps the two parites arrive at a mutual resolution
contract law/conflict resolution: arbitration
involves a neautral third party who recieves arguments from 2 disputing parties. MAKES A FINAL BINDING DECISION
this means there is no actual punishment is imposed as long as guilty person stays out of trouble for a p0eriod of time. at the end of this time, persons record is wiped clean. this is given to first time offenders for less serious crimes. if that person does commit a crime during that period of time, they must serve the original penalty, and then they are tried for their new crime.
judge may release you, but you will be assigned a probation officer who will monitor your activity for a period of time. there are often restrictions attached such as not going to public places (schools malls) and curfews
judge may order you to pay a fine
guilty person must service the community in some manner (garbage, pick up, public speaking)
imprisonment for two years less a day
these are minimum and medium security prisons
imprisonment for more than two years
guility person is sent to a federal prison that is max security. after serving 3/4 of the sentence, the accused can apply for parole. the max penalty in canada is a life sentence with no sign of parole for 25 years.